Couple sues Saugatuck paper claiming defamation

Erin. Dietzer @hollandsentinel.com, 616-546-4231 @SentinelErin

Thursday

Sep 20, 2018 at 9:01 AM

SAUGATUCK TWP. — Couple Stephen and Tanya Sheridan have filed a lawsuit against the Local Observer newspaper and its editor Michael Gallagher for allegedly "hiding behind the veil of a free and open press" to "ridicule, humiliate and slander" the Saugatuck couple.

The suit, which was filed in April, alleges the Saugatuck-based paper has engaged in an ongoing "attack campaign" to defame and humiliate the Sheridan's son Aaron, who is the manager of Saugatuck Township, and other Saguatuck Township board members. The suit alleges that the articles involving Aaron Sheridan were written in a way that defame and humiliate Stephen and Tanya Sheridan. The suit also accuses the Local Observer of regularly engaging in publishing personal attacks on various people.

Aaron Sheridan is not a plaintiff on the lawsuit, as his position as a public official means the proof standards are different for defamation, libel and slander than the proof standards for his parents. Stephen Sheridan was a judge — an elected position — in the 57th District Court in Allegan for 17 years, but retired in 2008.

The main Local Observer article cited in the lawsuit was published on Jan. 18, and relates to an upcoming Saugatuck Township recall election. On Aug. 16, 2017, the Saugatuck Township board held a special meeting concerning disciplinary action against Aaron Sheridan. Then-township supervisor Jon Phillips said he had received multiple complaints about Sheridan using inappropriate language and conducting himself in an inappropriate way.

Phillips made a motion to have Sheridan fired for his actions, though no board members seconded that motion. Instead, the board unanimously voted to officially reprimanded Sheridan for his actions and ordered him to take anger management classes.

Many Saugatuck Township citizens were angry about Sheridan only being reprimanded instead of fired, and launched a recall campaign against clerk Brad Rudich, treasurer Lori Babinski and trustees Roy McIlwaine and Douglas Lane. The recall petition effort, led by Cindy Osman and Kathy Strum, successfully gathered enough signatures, and voters will decide on election day Tuesday, Nov. 6.

The Jan. 18 article in the Local Observer, with the byline "staff report," states that Tanya Sheridan was verbally attacking recall election supporters and her son's critics. Most of the article's sources are anonymous. Only one — Jon Helmrich — is named. Helmrich alleges that Tanya Sheridan came to an open house he hosted to get recall petition signatures and berated him for the "witch hunt" against her son.

The lawsuit filed by the Sheridans denies that Tanya Sheridan took these actions, and accuses the Observer of publishing the statements" knowing they were false or in 'reckless disregard' for the truth or falsity of such statements." The lawsuit says the publishing of the article caused Tanya Sheridan "severe and serious emotional distress, humiliation, mortification and embarrassment, sleeplessness and anxiety."

The lawsuit also says Stephen Sheridan suffered similar emotional distress from the article, as one of the anonymous statements in the article calls Aaron Sheridan a "rude, arrogant little self-entitled brat," adding that "the fruit doesn't fall from the tree." The suit states that these words have damaged the reputations of Stephen and Tanya Sheridan.

Stephen Sheridan also alleges in the lawsuit that he was made the subject of a personal attack in the Local Observer because he signed a January 2007 letter to the Commercial Record criticizing and protesting "ongoing unethical journalistic practices" at the Local Observer.

The lawsuit cites an April 13, 2017, editorial column in the Local Observer that refers to Stephen Sheridan as Aaron's "daddy," calls Aaron "sonny boy" and states that Stephen Sheridan "pulled strings" to get Aaron a job with the township. As with Tanya's complaint, the Sheridans say these statements are false, and intended to demean, humiliate and embarrass the Sheridans.

The Sheridan are seeking in excess of $25,000 for damages, legal fees and other relief.

"It’s hard to tell with trials, but I feel we have a very justified cause of action and that’s all I want to say," Stephen Sheridan told The Sentinel.

He added, "The complaint speaks for itself."

Gallagher told The Sentinel that the Local Observer stands by its stories and editorials on the Sheridans. Gallagher said multiple phone calls were made to the Sheridans to get comment prior to the publication of the April 13, 2017, editorial and the Jan. 18 article, and that those phone calls were not returned.

"We not only conducted interviews in preparation for writing the editorial and an article in which the Sheridans allege they were defamed, but we have documents as well which back up our reporting and coverage and we have turned them over to our attorneys," Gallagher said. "We believe the Sheridans' civil lawsuit is directly in response to our ongoing coverage of the misdeeds, unprofessional actions and violations of Saugatuck Township rules and regulations by Aaron Sheridan which resulted in his being publicly reprimanded and ordered to undergo anger management counseling."

Gallagher said the paper is not engaged in a "witch hunt," and has not and will not take an editorial stance on the Nov. 6 recall election.

"We are simply reporting the news about the actions of the township board and Aaron Sheridan," he said.

He added, "The Sheridans' apparent fear is that if the recall effort results in the majority of the township board being replaced, the new board will fire their son as township manager. It appears the Sheridans blame our newspaper for providing accurate facts and information to the public on matters involving their son and their friends on the township board."

A pretrial conference for the lawsuit has been scheduled for Oct. 11 in front of Allegan County Circuit Court Judge Roberts Kengis.

In addition to the lawsuit, Sheridan has contacted the city of Saugatuck to caution them against using the Local Observer as the city's paper of record for public meeting notices, saying it was not a qualified newspaper. He also filed a complaint with the Michigan Attorney General's Office to investigate the situation under Michigan law 691-1051, which defines the criteria of a newspaper used for publishing public notices.

On Aug. 23, the attorney general's office declined to investigate, saying in a letter that the office does not supervise local units of government or the newspapers they contract with, and that is governed by local regulations and statutes.

Sheridan told The Sentinel he has also contacted the State Treasury Department and Secretary of State's bureau of elections. He also said he planned to send warning to Douglas and Fennville about using the Local Observer as its paper of record.

Saugatuck City Manager Kirk Harrier would not comment on if the city was considering Sheridan's complaint, and only said that he has not received authorization from city council to discontinue services with the Local Observer.

— Follow this reporter on Twitter @SentinelErin.

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